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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CROWNE PLAZA DOWNTOWN ORLANDO, 11-004373 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004373 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CROWNE PLAZA DOWNTOWN ORLANDO
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Aug. 25, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 22, 2011.

Latest Update: Jun. 06, 2024
State of Florida Department of Business and Professional! Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. , ; License Number. 5801523 CROWNE PLAZA DOWNTOWN ORLANDO J inanse Type 2010 Respondent Case Number 2010042418 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner), files this Administrative Complaint against CROWNE PLAZA DOWNTOWN ORLANDO, (“Respondent’), and says: 1. . Petitioner is the state agency charged with regulating the operation of public lodging establishments and . public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent Is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 304 W COLONIAL DR, ORLANDO, FLORIDA 32801.The mailing address of record is CROWNE PLAZA DOWNTOWN ORLANDO, at 304 W COLONIAL DR, ORLANDO, FLORIDA 32801. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The.violation(s) found and applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B”, incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed August 25, 2010 Valerle Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: : Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of __. , 2010. Received by: Inspector's Signature Operator's Signature Title . Title Case Number: 2010042418 — File Number: 240840 District Number: 04 License Number: 5801523 2010 Form revised 10.15.09 CGROWNE PLAZA DOWNTOWN ORLANDO Filed August 25, 2011 11:16 AM Division of Administrative Hearings Exhibit A License Number: 5801523 License Type: 2010 PERMANENT. FOOD SERVICE Case Number: 2010042418 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. It is alleged that on July 29, 2010, August 2, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. “ 41,03A-07-1 3-501,16(A) FC;; (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 136 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401,11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING; (A) 41 DEGREES FAHRENHEIT OR LESS; ON 7/29/10, CHICKEN SALAD WAS &0 DEGREES F, PASTA WAS 50 DEGREES F, ANGEL, HAIR PASTA WAS 51 DEGREES F, SOUR CREAM WAS 50 DEGREES F AND TURKEY WAS 46 DEGREES F. ON 8/2/10, BUTTER WAS 110 DEGREES F, HOLLANDAISE SAUCE WAS 128 DEGREES F, POTATOES WERE 48 DEGREES F, SHRIMP WAS 48 DEGREES F, COOKED ONIONS WERE 48 DEGREES F, PASTA WAS 45 DEGREES F, AND HEAVY CREAM WAS 45 DEGREES F, * 2.04-01-1 4-301,11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. THE COLD HOLDING EQUIPMENT WAS NOT MAINTANING POTENTIALLY HAZARDOUS FOOD AT THE PROPER TEMPERATURE. * denotes critical violation District: 04 Case Number: 2010042418 License Type: 2010 License Number: 5801523 File Number: 240840 CROWNE PLAZA DOWNTOWN ORLANDO Exhibit A * 3.142A-12-1 2-301.14 FC:; WHEN TO WASH. FOOD EMPLOYEES' SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND: (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.11(B); (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401,11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING; (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. ON 7/29/10, THE CHEF HANDLED RAW EGGS WITH GLOVED HANDS THEN REMOVED THE GLOVES AND DID NOT WASH THEIR HANDS BEFORE THE NEXT FOOD ACTIVITY. ON 8/2/10, THE EMPLOYEE WIPED THEIR GLOVES ON WIPING TOWELS THEN REMOVED THE GLOVES AND DID NOT WASH THEIR HANDS BEFORE STARTING A NEW FOOD ACTIVITY. * 4,32-17-1 6-301.11 FC:: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. THERE WAS NO SOAP AT THE COOKLINE HAND WASH SINK. * denotes critical violation District: 04 Case Number: 2010042418 License Type: 2010 License Number: 5801523 . File Number: 240840 CROWNE PLAZA DOWNTOWN ORLANDO

Docket for Case No: 11-004373
Issue Date Proceedings
Nov. 22, 2011 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Nov. 21, 2011 Joint Motion to Relinquish Jurisdiction filed.
Nov. 18, 2011 Petitioner's Proposed Exhibits (exhibits not available for viewing)
Nov. 16, 2011 Petitioner's Witness List filed.
Nov. 16, 2011 Petitioner's (Proposed) Exhibit List filed.
Nov. 16, 2011 Transmittal Letter filed.
Sep. 12, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 28, 2011; 1:00 p.m.; Orlando and Tallahassee, FL).
Sep. 08, 2011 Joint Motion for Continuance filed.
Sep. 08, 2011 Order of Pre-hearing Instructions.
Sep. 08, 2011 Notice of Hearing by Video Teleconference (hearing set for November 3, 2011; 9:00 a.m.; Orlando and Tallahassee, FL).
Sep. 01, 2011 Response to Initial Order filed.
Aug. 25, 2011 Initial Order.
Aug. 25, 2011 Agency referral filed.
Aug. 25, 2011 Election of Rights filed.
Aug. 25, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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